A husband has won an appeal against a court order that left his former wife with a larger share of their joint assets when they divorced.

The couple had been married for 23 years and had two grown up daughters when they decided to separate. He already had considerable assets before he married which he then continued to build up over the years.

During the marriage his wife was given £70,000 by her father and also inherited a further £12,000 which she used to reduce the mortgage on the home she owned with her husband. She was also given a 50% share in her parents’ home and a bond worth more than £100,000 which was paid for by her family.

When the couple divorced, the judge ordered that their assets should be split equally except for the wife’s share in her parents’ home and the bond. They were left in her sole ownership. The husband then appealed against the order.

The appeal was upheld in the High Court which said the judge had been wrong to exclude the assets that had come from the wife’s parents because all the assets that went into the marriage had to be available to cover the couple’s needs.

The wife may have made an additional contribution because of the assets from her parents but that was balanced by the wealth the husband introduced at the start of the marriage and his hard work over the years. Both husband and wife should each receive a half share in their joint assets.

The ruling upholds the general principle that assets should be split equally when a couple divorce unless there are exceptional circumstances.